Rescuing Wronged Church Workers From Bush II Judge

Petruska v. Gannon University, No. 05-1222, slip op. (3rd Circuit) - Decision 05/24/06

Gannon College, a Catholic institution, allegedly demoted its first female chaplain, Lynnette Petruska, solely because of her gender. A trial court threw out Petruska's sex discrimination suit at the earliest possible stage of litigation on the grounds that Gannon, as a church-affiliated school, had immunity under the First Amendment's freedom-of-religion provisions. Yesterday, a divided, 2-1 Third Circuit issued a decision reviving the case and establishing an important precedent that breaks from or refines case law from several other courts.

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